The police send me a red light ticket that happen in september 16, 2021 it says allow 5 days after ticket happened to

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Customer: The police send me a red light ticket that happen in september 16 , 2021 it says allow 5 days after ticket happened to get notice i just recieved in the mail now the ticket has doubled
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Chicago IL
JA: Was a citation issued? Was a court date set?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: it happened at 2:59am when theres a sign that says no turn on red from 7:30 am -7:30pm
Answered by Legal Eagle in 7 mins 7 months ago
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Jessica

Jessica

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Customer
Carol Stream ,IL city of Burbank was where the ticket was issued
Customer
The ticket
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Legal Eagle, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • We are transitioning to a new system to better serve you, so there may be a slight delay in my responses. Your patience is greatly appreciated.

 

Do you plan on contesting this?

Customer
Hi
Customer
There are also no photo enforced camera signs either and you can turn on red just not from 7:30 am - 7:30 pm
Customer
It happened at 2:59
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Legal Eagle, Expert

Understood! Now that I have this info, what is your legal question for me that you had?

Customer
The department sends me the ticket months later after it was issued 9/16/2021 I just received today 2/10/2022 on the paper it says allow 5 days after issued days to review I’m barely getting it months later now it has doubled
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Legal Eagle, Expert

Understood! So you're just wondering what it is you can do here, correct?

Customer
Hi
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Legal Eagle, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

Customer
They sent this months later on purpose so it doubled I believe because I check my mail box everyday and if they had sent this within 5 days after issued I would payed on time for only $100 now it’s double to $200 and is my first time seeing this ticket
Customer
I never miss anything when I have to pay it
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Legal Eagle, Expert

I hear you1 So they don't list anywhere on the citket how to contest, and they don't provide ap hone number. They just want you to pay. What this means is that you have to call 1-***-***-**** and ask them how to do this. The website itself doesn't even suggest how to do this - http://www.burbankil.gov/Red_light_Enforcment.html.

So they are shrouding this in secrecy. It's possible this violation can't be contested, but I highly doubt it; that 1-800 number will help you schedule the hearing. You can advise the date and tie of this, and explain the fine amount says $100, but there is no justification for the extra $100 charge. There is no indication it is a late fee or surcharge or court fee or administrative fee. They are just charging it, so it has to be removed. 

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

Customer
This is the back of the paper
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Legal Eagle, Expert

Thanks! It looks like they are alleging they sent out a notice about this in the past, but what I would do is contact the city and ask them if they can provide proof of when the first notice was. If they can't, you should submit a petition to set aside the amount as it suggests there.

Customer
Ok thank you so much this isn’t fair because I never got a notice before this is my first
Customer
How will you contact me again to update me on this
Customer
Or “I “have to contact the city of Burbank ?
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Legal Eagle, Expert

Sure thing!

You have to contact the city. I won't be able to. Sadly, this site just allows us to answer your legal questions.

My name is ***** ***** I go by Legal Eagle on this site. Once you log back in, you can go to the “My Questions” page, and you’ll see our conversation. There, you will have a chance to “Request Legal Eagle”. Type in your question, and it comes to me. You can also click the link below. https://www.justanswer.com/law/expert-dmwesq/ Please use your membership. You have access to thousands of experts including accountants, doctors, lawyers, and mechanics

Customer
The city of Burbank correct and ask for the the first notice date if they can’t provide it then it then I do the petition and it will be dismissed?
Customer
This is illegal on there part because I’ve never ever got the notice
Customer
Till today
Customer
I pay everything I have to soon as I see I have to pay anything
Customer
I never wait or let it double that’s a waste of my money
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Legal Eagle, Expert

Thanks! Yes, you would petition the court to have the fee removed. I do not see that you can legally challenge the ticket itself. Because its a red-light camera, these are often not unchallengeable, and they do not offer a method for you to do that.

Customer
But since they never sent me a notice and it was received today And doubled that’s illegal right
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Legal Eagle, Expert

I hear you. The law gives them up to one year to charge for infractions like this. They aren't required to send it the moment they get the ticket. So legally, the fact that it's been this long doesn't terminate the violation.

Customer
But it has doubled and I just reviewed it today
Customer
I got zero notices till now
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Legal Eagle, Expert

Thanks! I think we may be missing a piece to the puzzle. Let me re-read the notice.

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Legal Eagle, Expert

Ok, so the city is claiming they already sent you a notice of the violation, and you didn't do anything about tit.

Because they believe you didn't do anything about it, then they say you've assumed liability, but haven't paid.

Because you haven't paid,they are charging the extra $100.

You're claiming they never sent you an original notice, which is just fine, but that means you need to submit a Petition to SEt Aside the Final Determination of LIability with the city as I suggested above.

My concern is that the courts are not going to rely on an argument that you never got the original notice, so you MUST call the city and find out the date they allegedly sent, and where they sent, the original notice so you can use that as a basis to fight the $200 ticket. If the city has some evidence they sent it or can produce a coyp, the court will likely waive the $100 fee with your petition. Does that make sense? The fact that they sent this from something that happened in September won't be relevant.

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Legal Eagle, Expert

Hello! I just wanted to check in to see if you had any follow-up questions for me about this today.

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Legal Eagle, Expert

So I haven't heard from you in a while, but that's ok!

Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

In any event, my name is ***** ***** I want you to come back by clicking this link. https://www.justanswer.com/law/expert-dmwesq/.

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